정산금
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is entitled to KRW 3,285,118 against the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 21, 2013, the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff and the Defendant, setting the ratio of profit distribution as 50% each, respectively, and jointly run the wholesale and retail business with the trade name “C” from April 1, 2013.
B. On April 10, 2014, the Plaintiff and the Defendant terminated the partnership relationship, and the Defendant alone operated “C”, and assessed “C”’s total assets as KRW 110,024,922, and the Defendant paid KRW 55,012,461 to the Plaintiff by May 31, 2014, the total assets of “C” as KRW 110,024,92.
(3) The Plaintiff and the Defendant paid KRW 24,150,00 to the Plaintiff according to the first settlement agreement (hereinafter “the first settlement agreement”). The Plaintiff and the Defendant paid KRW 24,150,00 to the Plaintiff on July 31, 2014, considering that the Plaintiff and the Defendant raised issues with respect to the second settlement agreement and around June 2014, the Defendant’s investment amount was higher than that of the Defendant at the time of the operation of the business, the glass inventory amount is divided by the proportion of 3:4. The Plaintiff and the Defendant paid KRW 31,38,764 (hereinafter “the outstanding amount of the insurance in this case”) to the Plaintiff, and the assets, such as the outstanding amount, to the other general customers, are owned by the Defendant and the outstanding amount, KRW 14,60,00,00 (hereinafter “the balance of the settlement in this case”) to the Defendant on August 31, 2014 to the last day of each month (hereinafter “the last day of each month”).
On July 31, 2014, the Plaintiff paid KRW 2,943,00,00,000, after deducting the insurance outstanding amount deposited by the insurance company to the Defendant’s account from KRW 5,000,000, which the Plaintiff is obligated to pay to the Defendant. On August 31, 2014, the Plaintiff paid KRW 3,070,000 after deducting the outstanding amount deposited to the Defendant’s account from KRW 130,00.
E. From September 12, 2014 to December 22, 2015, KRW 3,403,643 out of the instant insurance amounts was remitted to the Defendant’s account, and details thereof.